Thursday, November 18, 2010

Plaintiff's Control of Ex Parte Reexamination Schedule Negates Prejudice from Stay

In granting defendant's motion to stay pending reexamination, the court rejected plaintiff's argument that a stay would prejudice plaintiff's rights in that it would delay resolution of the litigation. "[T]his is an ex parte application by Defendant, which means that the Defendant is not permitted to have any further input. The deadlines are all in the control of the Plaintiffs. They are not required to take the maximum time to file the necessary documents or appeals. Any undue delay in the reexamination will not be caused by Defendants."

Tablemax IP Holdings, Inc. et al v. Shuffle Master, Inc., 2-09-cv-01519 (NVD November 16, 2010, Order) (Hunt, J.)

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